FanShake terms and conditions (the "Terms and Conditions”)
Last update: July 22, 2008
These Terms and Conditions govern your use of and access to the FanShake website at http://www.fanshake.com ("FanShake”). By using FanShake you signify that you agree to the Terms and Conditions that appear below and you are forming a contract with FanShake Limited ("we" or "us"). These Terms and Conditions operate in addition to the FanShake privacy policy displayed at private policy.
You should ensure you have read and understood paragraph 7 of these Terms and Conditions which tell you about the importance of intellectual property on FanShake.
These Terms and Conditions do not affect your ordinary rights or obligations under law.

1. Registering on Fanshake

   If you are younger than 18, your parent or guardian must consent to and is also responsible for your use of FanShake.
   You can register to use FanShake if you are aged 13 or older.
   You promise that you have provided us with accurate and complete registration information and that you will tell us of any changes to that information. We do not check the accuracy or completeness of your registration information.
   Each registration is for a single user only. Upon registration, you must provide us with a valid email address and a password (containing a minimum of 5 characters) ("ID"). You are responsible for all use of FanShake using your ID and for preventing unauthorised use of your ID. You are the only person authorised to use your ID. If you believe there has been unauthorised use of your ID, you must tell us immediately (preferably by email to abuse [at] fanshake.com).
   We may ask you to change your password. If you do not do so when requested, you may not be able to access certain areas of FanShake.
   Once you have registered you will:

   1. get a custom URL that is hosted on FanShake (your "Personal Page") and be able to control the privacy settings on your Personal Page;
   2. be able to submit comments, recommendations and other text content ("User Comments"), video, audio and artwork content ("User Generated Content"), and links to third party websites ("User Hyperlinks") to your Personal Page;
   3. [be able to submit User Generated Content, User Comments and User Hyperlinks to contest pages hosted on FanShake ("Contest Pages")];
   4. be able to set up fan club pages hosted on FanShake ("Fan Club Pages") and control the privacy settings on any Fan Club Pages you set up;
   5. be able to submit User Generated Content, User Comments and User Hyperlinks to Fan Club Pages; and
   6. be able to submit User Generated Content, User Comments and User Hyperlinks to artists’ official pages hosted on FanShake ("Artist Pages").
   
   

2. Suspension or cancellation of your registration

   If we consider that your ID is being used in any way which we reasonably believe, in our sole discretion, to be in bad faith or in breach of these Terms and Conditions, we may (in our absolute discretion) suspend your access to FanShake immediately and cancel your registration. If we do this we will give you reasonable notice [by email] of the suspension or cancellation of your registration.
   You can cancel your registration at any time by informing us in writing. If you do so, you must stop using FanShake.
   If your registration is cancelled or suspended, we reserve the right to delete your Personal Page and all User Comments, User Generated Content and/or User Hyperlinks posted by you. In this situation you have no right to compensation.

3. User conduct

   You agree not to use FanShake to:

   1. harvest or collect email addresses or other contact information relating to other users of FanShake by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
   2. use FanShake in any unlawful manner or in any other manner that could damage, disable, overburden or impair FanShake;
   3. make, transmit, or store electronic copies of content protected by copyright without the permission of the owner;
   4. upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
   5. upload, post, transmit, share or otherwise make available on FanShake any private information of a third party, including addresses, telephone numbers, email addresses or credit card numbers;
   6. use or attempt to use another user’s ID without authorisation from us or create a false identity on FanShake; or
   7. upload, post, transmit, share or otherwise make available content that, in our sole judgement, is objectionable or which restricts or inhibits any other person from using or enjoying FanShake, or which may expose us, our licensors or our users to any harm or liability of any type.
   
   

4. User comments

   You are solely responsible for the User Comments (and for the privacy of any individuals featured in your User Comments) and by posting any User Comments you agree to comply with the rules in this paragraph 4.
   You may not post any User Comments which:

   1. advertise or promote any goods or services;
   2. reveal any confidential or sensitive information;
   3. contain or links to any unlawful, harassing, libellous, threatening, vulgar, obscene, abusive, defamatory or indecent content or content which is deliberately intended to upset other users;
   4. contain any content which you did not create or do not have permission to use (including content which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
   5. contain viruses or any other components with harmful or contaminating effects on FanShake or any equipment connected to it; or
   6. impersonate any living person.
   
   

5. User Generated Content

   You are solely responsible for the User Generated Content (and for the privacy of any individuals featured in your User Generated Content) and by posting any User Generated Content you agree to comply with the rules in this paragraph 5.
   You may not post any User Generated Content which:

   1. advertise or promote any goods or services;
   2. reveal any confidential or sensitive information;
   3. contain or links to any unlawful, harassing, libellous, threatening, vulgar, obscene, abusive, defamatory or indecent content or content which is deliberately intended to upset other users;
   4. contain any content which you did not create or do not have permission to use (including content which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
   5. contain viruses or any other components with harmful or contaminating effects on FanShake or any equipment connected to it; or
   6. impersonate any living person.
   
   

6. User Hyperlinks

   You are solely responsible for the User Hyperlinks (and for the privacy of any individuals featured through use of your User Hyperlinks) and by posting any User Hyperlinks you agree to comply with the rules in this paragraph 6.
   You may not post any User Hyperlinks which:

   1. advertise or promote any goods or services;
   2. reveal any confidential or sensitive information;
   3. link to any unlawful, harassing, libellous, threatening, vulgar, obscene, abusive, defamatory or indecent content or content which is deliberately intended to upset other users; or
   4. contain viruses or any other components with harmful or contaminating effects on FanShake or any equipment connected to it.
   
   

7. Intellectual property

   We and/or our licensors own all intellectual property rights in content other than User Comments, User Generated Content and User Hyperlinks ("FanShake Content"). You may retrieve and display FanShake Content on a computer screen provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on FanShake without written permission from us.
   If any of our licensors suspect you are in breach of these Terms and Conditions and ask us to co-operate with them we shall do so, including by cancelling your registration and telling them who you are. They could take legal action against you for breaching their intellectual property rights.
   You retain all of your ownership rights in your User Comments and your User Generated Content. By submitting User Comments or User Generated Content to FanShake you are granting us a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and allow others to use any User Comments or User Generated Content you submit in whole or in part or in any form.

8. Contest Pages

   We may sometimes run contests. You should also read rules which are applicable to an individual contest. It is a condition of entry into the contests that all rules are accepted as final. Your entry into a contest signifies your agreement to the rules of the contest.
   We reserve the right to cancel or withdraw any contest displayed on any of the Contest Pages at any time. The judges’ decision or prize draw (where applicable) in contests are final. We reserve the right to offer any unclaimed prizes as part of another competition or for use in other promotions.
   The prizes offered on the Contest Pages are non-refundable and have no cash alternative. We reserve the right to publish the ID of the winner of any contest and use any User Comments and/or User Generated Content submitted by the winner as part of that contest in accordance with paragraph 7 of these Terms and Conditions.
   The contests are not open to our employees or contractors. Additionally any person directly or indirectly involved with organising a particular contest, or their direct family members, may not take part.

9. Redemption of 'shakes'

   You can collect credits called 'shakes' ("Shakes") during your use of FanShake. Details of how Shakes can be collected are available on FanShake.
   Shakes can only be redeemed against specific items or events offered on FanShake. Such items or events are offered subject to availability. The redemption of Shakes is non-refundable and Shakes have no cash equivalent.

10. Our liability

    FanShake offers you a forum to submit User Comments, User Generated Content and User Hyperlinks and you agree to be responsible for all losses suffered by us arising out of any breach by you of these Terms and Conditions.
    We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control. In particular we shall not be responsible for any third party content you access within FanShake over which we do not have reasonable control. You irrevocably waive any right to claim against us for any losses you suffer as a result of accessing such third party content. Our liability shall not in any event include business losses of any nature whatsoever.
    We do not guarantee the accuracy, completeness or quality of User Comments, User Generated Content or User Hyperlinks. You understand and agree that we may, but are not obligated to, review FanShake and may delete or remove (without notice) any User Comments, User Generated Content and/or User Hyperlinks in our sole discretion, for any reason or no reason.
    Although we will use reasonable skill and care in providing access to FanShake, we give no promise as to the accuracy, completeness or quality of FanShake Content. If we are informed of any inaccuracies in FanShake Content we will (without obligation) attempt to correct the inaccuracies as soon as we reasonably can. Your access to FanShake may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as is reasonably possible.
    Although we will implement reasonable security procedures to ensure that no unauthorised third parties gain access to FanShake, the inherently insecure nature of the Internet means that we do not and cannot guarantee the security of FanShake or any confidential information placed on FanShake.
    The above limitations shall not operate to limit our liability in the event of fraud by us.

11. Third party Websites

    As a convenience to users, FanShake may include links to other websites or content which are beyond our control. We are not responsible for any website or content outside FanShake.
    FanShake contains some links to websites where you may purchase goods or services associated with FanShake content. We are not responsible for such websites, or any goods or services purchased from such websites, and you acknowledge and agree that any resulting contract for sale of goods or services is concluded with the third party site provider and not us.

12. Advertising and sponsorship

    Part of FanShake may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that content submitted for inclusion on FanShake complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

13. Amendments

    We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of FanShake. Any changes will be notified to you via a suitable announcement on FanShake. The changes will apply to the use of FanShake after we have given notice. If you do not wish to accept the new terms and conditions you should not continue to use FanShake. If you continue to use FanShake after the date on which the change comes into effect, your use of FanShake indicates your agreement to be bound by the new terms and conditions.

14. General

    We may transfer and/or assign our rights and/or our obligations under these Terms and Conditions. This will not affect your rights under these Terms and Conditions. You may not transfer any of your rights or obligations under these Terms and Conditions and nothing in these Terms and Conditions shall confer your rights on any other person.
    If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
    FanShake is owned and operated by FanShake Limited, Sovereign House, 212-224 Shaftesbury Avenue, London WC2H 8HQ, company registration number 06480893, VAT registration number [FanShake Limited's VAT registration number].
    These Terms and Conditions constitute the entire agreement between you and us.
    The construction, validity and performance of this agreement are governed by the laws of England and you submit to the exclusive jurisdiction of the English courts.

FanShake privacy policy (the "Privacy Policy")
Last update: July 22, 2008
This Privacy Policy sets out the data processing practices carried out through the use of the Internet and any other electronic communications networks by FanShake Limited ("we" or "us"), in particular through the FanShake website at http://www.fanshake.com ("FanShake"). If you have any requests concerning your personal information or any queries with regard to these practices please contact us at privacy@fanshake.com.

1. Information collected

   We collect personal information from you when you complete the registration process and update your profile information on your custom URL hosted on FanShake (your "Personal Page"). We also collect personal information from you when you submit user generated content to FanShake. We may also collect personal information from time to time when you submit user comments or hyperlinks to FanShake, when you collect or redeem 'shakes', when you enter contests on FanShake and when you communicate with other users through our systems.
   We collect additional personally identifiable information automatically about your visit to our web site.

2. Use of personal information

   We process personal information collected via this website for the purposes of:

   1. improving the functionalities of FanShake and the content displayed on FanShake to enhance your experience on the website;
   2. providing and personalising our services, including the artists and advertisements displayed on FanShake;
   3. dealing with your enquiries and requests;
   4. administering membership records; and
   5. providing you with information about products and services.

   We may wish to send you information about our products or services, products or services offered by other companies within our group and/or products or services offered jointly with or on behalf of other organisations. To consent to receiving this type of information, you can opt-in by ticking the box during the registration process.
   We may wish to share your personal information with third parties where we think that you might be interested in receiving information about their products or services. We will not do so without your express consent. To consent to such sharing of personal information, you can opt-in by ticking the box during the registration process.
   If you later decide you no longer wish to receive information about the items listed above, send us an email any time at optout@fanshake.com.
   We may also use and disclose information in aggregate (so that no individuals are identified) for marketing and strategic development purposes.
   If you invite another person to join FanShake, we will store their name and communication details that you have provided and use them to contact that person and inform them that they have been invited to join FanShake. If we need to send a reminder to that person, we will only do so with your express consent.

3. Your privacy settings

   Any personal information that you choose to display on your Personal Page or elsewhere on FanShake may be visible to the entire Internet. It is your responsibility to adapt the privacy settings on your Personal Page and on any fan club pages hosted on FanShake that you create ("Fan Club Pages"). You should note that:

   1. if you choose to make your Personal Page or a Fan Club Page public, that particular page (and any content on it) will be visible to the entire Internet;
   2. you can however choose to make your Personal Page visible only to yourself or to other users who are part of your network on FanShake;
   3. [you can also choose to make any Fan Club Page you create visible only to those users you invite to join that particular Fan Club Page; and]
   4. if you submit any type of material to artists' official pages or contest pages hosted on FanShake, that material will be visible to the entire Internet.

   We recommend that you do not display anywhere on FanShake sensitive personal information or your home address, telephone or any other information enabling other users to contact you by means other than through FanShake.

4. Use of cookies

   A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about the use of cookies on http://www.cookiecentral.com.
   Our use of cookies also allows registered users to be presented with a personalised version of the site, carry out transactions and have access to information about their account.
   We use cookies to identify you when you visit this web site and to keep track of your browsing patterns and build up a demographic profile.
   Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will restrict your ability to make full use of all the exciting features FanShake offers.

5. Disclosures

   We will only disclose personal information to other companies within our group of companies, business partners, government bodies and law enforcement agencies, subsequent owners of any part of our business and suppliers we engage to process data on our behalf.
   If you upload material not owned by you onto any area of FanShake, we may also reveal your identity to the rights owner. For other possible consequences of you uploading material not owned by you onto any area of FanShake, please see intellectual property and our liability.

6. Other websites

   FanShake may contain links to other websites which are outside our control and are not covered by this Privacy Policy. If you access other sites using the links provided (for example to make a merchandise purchase related to an artist), the operators of these sites may collect information from you which will be used by them in accordance with their own privacy policy, which may differ from ours. We recommend you read this.

7. Access right

   You have a right to access the personal data held about you. To obtain a copy of the personal information we hold about you, please write to us at:
   212-224 Shaftesbury Avenue
   London WC2H 8HQ
   We may ask you to pay the applicable statutory fee.

8. Internet-based transfers

   Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing this website and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.

9. Amendments

   We may update this Privacy Policy from time to time for legal or regulatory reasons or to allow the proper operation of FanShake. Any changes will be notified to you via a suitable announcement on FanShake. The changes will apply to the use of FanShake after we have given notice. If you do not wish to accept the new privacy policy you should not continue to use FanShake. If you continue to use FanShake after the date on which the change comes into effect, your use of FanShake indicates your agreement to be bound by the new privacy policy with regard to information collected from you in the past and in the future.